Common use of CONSULTATION ABOUT CHANGE Clause in Contracts

CONSULTATION ABOUT CHANGE. 25.1 This term applies if the Employer: 25.1.1 has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or 25.1.2 proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 25.2 For a major change referred to in clause 25.1.1: 25.2.1 the Employer must notify the relevant Employees of the decision to introduce the major change; and 25.2.2 subclauses 25.3 to 25.9 apply. 25.3 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 25.4 If: 25.4.1 a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and 25.4.2 the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. 25.5 As soon as practicable after making its decision, the Employer must: 25.5.1 discuss with the relevant Employees: 25.5.1.1 the introduction of the change; and 25.5.1.2 the effect the change is likely to have on the Employees; and 25.5.1.3 measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and 25.5.2 for the purposes of the discussion—provide, in writing, to the relevant Employees: 25.5.2.1 all relevant information about the change including the nature of the change proposed; and 25.5.2.2 information about the expected effects of the change on the Employees; and 25.5.2.3 any other matters likely to affect the Employees. 25.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 25.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 25.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in 25.2.1 and subclauses 25.3 and 25.5 are taken not to apply. 25.9 In this term, a major change is likely to have a significant effect on Employees if it results in: 25.9.1 the termination of the employment of Employees; or 25.9.2 major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or 25.9.3 the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or 25.9.4 the alteration of hours of work; or 25.9.5 the need to retrain Employees; or 25.9.6 the need to relocate Employees to another workplace; or 25.9.7 the restructuring of jobs. 25.10 For a change referred to in paragraph 25.1.2: 25.10.1 the Employer must notify the relevant Employees of the proposed change; and 25.10.2 subclauses 25.11 to 25.15 apply. 25.11 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 25.12 If: 25.12.1 a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and 25.12.2 the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. 25.13 As soon as practicable after proposing to introduce the change, the Employer must: 25.13.1 discuss with the relevant Employees the introduction of the change; and 25.13.2 for the purposes of the discussion—provide to the relevant Employees: 25.13.2.1 all relevant information about the change, including the nature of the change; and 25.13.2.2 information about what the Employer reasonably believes will be the effects of the change on the Employees; and 25.13.2.3 information about any other matters that the Employer reasonably believes are likely to affect the Employees; and 25.13.3 invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 25.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 25.15 The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 25.16 In this term, relevant Employees means the Employees who may be affected by a change referred to in clause 25.1.

CONSULTATION ABOUT CHANGE. 25.1 37.1 This term clause applies if the Employer: 25.1.1 (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or 25.1.2 (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 25.2 37.2 Major change For a major change referred to in clause 25.1.1:cl.37.1(a): 25.2.1 (a) the Employer must notify the relevant Employees of the decision to introduce the major change; and 25.2.2 subclauses 25.3 and (b) cll.37.3 to 25.9 37.9 apply. 25.3 37.3 The relevant Employees may appoint a representative Representative for the purposes of the procedures in this term. 25.4 37.4 If: 25.4.1 (a) a relevant Employee appoints, or relevant Employees appoint, a representative Representative for the purposes of consultation; and 25.4.2 (b) the Employee or Employees advise the Employer of the identity of the representativeRepresentative; the Employer must recognise the representativeRepresentative. 25.5 37.5 As soon as practicable after making its decision, the Employer must: 25.5.1 (a) discuss with the relevant Employeesemployees: 25.5.1.1 (i) the introduction of the change; and 25.5.1.2 (ii) the effect the change is likely to have on the Employees; and 25.5.1.3 (iii) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and 25.5.2 (b) for the purposes of the discussion—provide, in writing, to the relevant Employees: 25.5.2.1 (i) all relevant information about the change including the nature of the change proposed; and 25.5.2.2 (ii) information about the expected effects of the change on the Employees; and 25.5.2.3 (iii) any other matters likely to affect the Employees. 25.6 37.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 25.7 37.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 25.8 37.8 If a term clause in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in 25.2.1 cl.37.2(a) and subclauses 25.3 clauses 37.3 and 25.5 37.5 are taken not to apply. 25.9 37.9 In this termclause, a major change is likely to have a significant effect on Employees employees if it results in: 25.9.1 (a) the termination of the employment of Employees; or 25.9.2 (b) major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or 25.9.3 (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or 25.9.4 (d) the alteration of hours of work; or 25.9.5 (e) the need to retrain Employees; or 25.9.6 (f) the need to relocate Employees to another workplace; or 25.9.7 (g) the restructuring of jobs. 25.10 37.10 Change to regular roster or ordinary hours of work For a change referred to in paragraph 25.1.2:cl.37.1(b): 25.10.1 (a) the Employer must notify the relevant Employees of the proposed change; and 25.10.2 subclauses 25.11 (b) cll.37.11 to 25.15 37.15 apply. 25.11 37.11 The relevant Employees may appoint a representative Representative for the purposes of the procedures in this termclause. 25.12 37.12 If: 25.12.1 (a) a relevant Employee appoints, or relevant Employees appoint, a representative Representative for the purposes of consultation; and 25.12.2 (b) the Employee or Employees advise the Employer of the identity of the representativeRepresentative; the Employer must recognise the representativeRepresentative. 25.13 As soon as practicable after proposing to introduce the change, the 37.13 The Employer must: 25.13.1 (a) discuss with the relevant Employees the introduction of the change; and 25.13.2 (b) for the purposes of the discussion—provide to the relevant Employees: 25.13.2.1 all relevant (i) information about the changeproposed change (for example, including information about the nature of the changechange to the Employee’s regular roster or ordinary hours of work and when that change is proposed to commence); and 25.13.2.2 (ii) information about what the Employer reasonably believes will be the effects of the change on the Employees; and 25.13.2.3 (iii) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and 25.13.3 (c) invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 25.14 37.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 25.15 37.15 The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 25.16 37.16 For the purposes of cll.37.11 to 37.15, the Employer’s educational timetable in respect of academic classes and student activities, which: (a) may operate on a term, trimester, semester or a School Year basis, and (b) ordinarily changes between one period of operation and the next, and (c) may change during the period of operation, is not a regular roster. 37.17 However, where a change to the educational timetable directly results in a change to the number of ordinary hours of work of an Employee or to the spread of hours over which the Employee’s ordinary hours, are required to be worked, cll.37.11 to 37.15 will apply. In this term, relevant Employees means the Employees who may be affected by a change referred to in clause 25.1.clause:

CONSULTATION ABOUT CHANGE. 25.1 34.1 This term clause applies if the Employer:Employer:‌ 25.1.1 (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; oror‌‌‌ 25.1.2 (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 25.2 34.2 For a major change referred to in clause 25.1.1:34.1(a):‌ 25.2.1 (a) the Employer must notify the relevant Employees of the decision to introduce the major change; and 25.2.2 subclauses 25.3 and (b) clauses 34.3 to 25.9 34.9 apply. 25.3 34.3 The relevant Employees may appoint a representative Representative for the purposes of the procedures in this term.term.‌ 25.4 34.4 If: 25.4.1 (a) a relevant Employee appoints, or relevant Employees appoint, a representative Representative for the purposes of consultation; andand‌ 25.4.2 (b) the Employee or Employees advise the Employer of the identity of the representativeRepresentative; the Employer must recognise the representative.Representative.‌ 25.5 34.5 As soon as practicable after making its decision, the Employer must: 25.5.1 (a) discuss with the relevant Employeesemployees: 25.5.1.1 (i) the introduction of the change; and 25.5.1.2 (ii) the effect the change is likely to have on the Employees; and 25.5.1.3 (iii) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and 25.5.2 (b) for the purposes of the discussion—provide, in writing, to the relevant Employees: 25.5.2.1 (i) all relevant information about the change including the nature of the change proposed; andand‌ 25.5.2.2 (ii) information about the expected effects of the change on the Employees; and 25.5.2.3 (iii) any other matters likely to affect the Employees. 25.6 34.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 25.7 34.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 25.8 34.8 If a term clause in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in 25.2.1 clause 34.2(a) and subclauses 25.3 clauses 34.3 and 25.5 34.5 are taken not to apply. 25.9 34.9 In this termclause, a major change is likely to have a significant effect on Employees employees‌ if it results in: 25.9.1 (a) the termination of the employment of Employees; or 25.9.2 (b) major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or 25.9.3 (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or 25.9.4 (d) the alteration of hours of work; or 25.9.5 (e) the need to retrain Employees; or 25.9.6 (f) the need to relocate Employees to another workplace; oror‌ 25.9.7 (g) the restructuring of jobs. 25.10 34.10 For a change referred to in paragraph 25.1.2:clause 34.1(b): 25.10.1 (a) the Employer must notify the relevant Employees of the proposed change; and 25.10.2 subclauses 25.11 (b) clauses 34.11 to 25.15 34.15 apply. 25.11 34.11 The relevant Employees may appoint a representative Representative for the purposes of the procedures in this term.clause.‌ 25.12 34.12 If: 25.12.1 (a) a relevant Employee appoints, or relevant Employees appoint, a representative Representative for the purposes of consultation; and 25.12.2 (b) the Employee or Employees advise the Employer of the identity of the representativeRepresentative; the Employer must recognise the representativeRepresentative. 25.13 As soon as practicable after proposing to introduce the change, the 34.13 The Employer must: 25.13.1 (a) discuss with the relevant Employees the introduction of the change; and 25.13.2 (b) for the purposes of the discussion—provide to the relevant Employees: 25.13.2.1 all relevant (i) information about the changeproposed change (for example, including information about the nature of the changechange to the Employee’s regular roster or ordinary hours of work and when that change is proposed to commence); and 25.13.2.2 (ii) information about what the Employer reasonably believes will be the effects of the change on the Employees; and 25.13.2.3 (iii) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and 25.13.3 (c) invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).responsibilities).‌ 25.14 34.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.Employees.‌ 25.15 34.15 The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 25.16 34.16 For the purposes of clauses 34.11 to 34.15, the Employer’s educational timetable in respect of academic classes and student activities, which:‌ (a) may operate on a School Term, semester or a School Year basis, and (b) ordinarily changes between one period of operation and the next, and (c) may change during the period of operation, is not a regular roster. 34.17 However, where a change to the educational timetable directly results in a change to the number of ordinary hours of work of an Employee or to the spread of hours over which the Employee’s ordinary hours, are required to be worked, clauses 34.11 to 34.15 will apply. In this term, relevant Employees means the Employees who may be affected by a change referred to in clause 25.1.clause:

CONSULTATION ABOUT CHANGE. 25.1 This term applies if the Employer: 25.1.1 has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or 25.1.2 proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 25.2 For a major change referred to in clause 25.1.1: 25.2.1 the Employer must notify the relevant Employees of the decision to introduce the major change; and and 25.2.2 subclauses 25.3 to 25.9 apply. 25.3 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 25.4 If: 25.4.1 a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and 25.4.2 the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. 25.5 As soon as practicable after making its decision, the Employer must: 25.5.1 discuss with the relevant Employees: 25.5.1.1 the introduction of the change; and 25.5.1.2 the effect the change is likely to have on the Employees; and 25.5.1.3 measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and 25.5.2 for the purposes of the discussion—provide, in writing, to the relevant Employees: 25.5.2.1 all relevant information about the change including the nature of the change proposed; and 25.5.2.2 information about the expected effects of the change on the Employees; and 25.5.2.3 any other matters likely to affect the Employees. 25.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 25.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 25.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in 25.2.1 and subclauses 25.3 and 25.5 are taken not to apply. 25.9 In this term, a major change is likely to have a significant effect on Employees if it results in: 25.9.1 the termination of the employment of Employees; or 25.9.2 major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or 25.9.3 the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or 25.9.4 the alteration of hours of work; or 25.9.5 the need to retrain Employees; or 25.9.6 the need to relocate Employees to another workplace; or 25.9.7 the restructuring of jobs. 25.10 For a change referred to in paragraph 25.1.20: 25.10.1 the Employer must notify the relevant Employees of the proposed change; and 25.10.2 subclauses 25.11 to 25.15 0 apply. 25.11 The relevant Employees may appoint a representative for the purposes of the procedures in this term. 25.12 If: 25.12.1 a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and 25.12.2 the Employee or Employees advise the Employer of the identity of the representative; : the Employer must recognise the representative. 25.13 As soon as practicable after proposing to introduce the change, the Employer must: 25.13.1 discuss with the relevant Employees the introduction of the change; and 25.13.2 for the purposes of the discussion—provide to the relevant Employees: 25.13.2.1 all relevant information about the change, including the nature of the change; and 25.13.2.2 information about what the Employer reasonably believes will be the effects of the change on the Employees; and 25.13.2.3 information about any other matters that the Employer reasonably believes are likely to affect the Employees; and 25.13.3 invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 25.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 25.15 The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. 25.16 In this term, relevant Employees means the Employees who may be affected by a change referred to in clause 25.1.